Maryland Failure to Diagnose Attorney & Misdiagnosis Lawyer

Misdiagnosis & Failure to Diagnose in Maryland

When an illness is missed, delayed, or incorrectly diagnosed, it may be considered medical malpractice in Maryland. Diagnostic errors can prevent patients from receiving timely treatment, lead to unnecessary or harmful care, and allow medical conditions to worsen.

An estimated 795,000 Americans die or suffer permanent disabilities due to diagnostic errors each year, according to Johns Hopkins Medicine in Baltimore.

Researchers found that vascular events, infections, and cancers make up about 75% of serious harms linked to diagnostic errors. The top cause of serious harm from a misdiagnosis was stroke, which was missed in 17.5% of cases.

The most common types of diagnostic malpractice in Maryland include:

• Delayed Diagnosis: Failing to identify the cause of a patient’s symptoms within a reasonable timeframe
• Failure to Diagnose: Not taking the appropriate steps to recognize and diagnose a medical condition
• Misdiagnosis: Diagnosing a patient with the wrong condition, resulting in improper or delayed treatment

Maryland hospitals reported 808 patient deaths or serious disabilities caused by medical errors in 2023 — nearly 4 times the number reported in 2019. The study stressed that preventing diagnostic errors can save lives.

"Reducing diagnostic errors by 50% for stroke, sepsis, pneumonia, pulmonary embolism and lung cancer could cut permanent disabilities and deaths by 150,000 per year.”
– David Newman-Toker, Lead Investigator

Types of Missed or Misdiagnosed Conditions in Maryland

Maryland failure to diagnose lawsuits can involve many different medical conditions, but they all share a common theme: A health care provider failed to recognize a condition in time for proper treatment, and a patient suffered an injury as a result.

Common examples of Maryland failure to diagnose claims include:

• Cancer misdiagnosis or delayed diagnosis
• Missed strokes or heart attacks
• Brain tumor misdiagnoses
• Failure to diagnose appendicitis
• Missed infections or meningitis
• Failure to order or interpret diagnostic tests
• Delayed referrals to specialists

Failure to diagnose can occur in many different medical settings, from primary care offices and emergency rooms to hospitals and specialty clinics. When a serious condition goes undiagnosed, patients may lose valuable treatment opportunities and suffer preventable harm.

Below are some of the most common types of failure to diagnose cases and how a Maryland failure to diagnose lawyer may be able to help.

Cancer Misdiagnosis Lawyer in Maryland​

Each year, more than 33,000 Maryland residents are diagnosed with cancer, ​and more than 10,000 die. Failure to diagnose cancer often occurs because symptoms of the disease mimic those of other illnesses.

Additional reasons why cancer may be misdiagnosed include:

• Failing to properly follow up with a patient’s concerns
• Misinterpreting biopsies or other test results
• Misreading imaging scans

When health care providers drop the ball on detecting and diagnosing malignancies, a cancer misdiagnosis attorney in Maryland​ can fight to hold them accountable.

Maryland Failure to Diagnose a Stroke Attorney​

A Johns Hopkins study found that strokes are missed in nearly 1 in 5 cases, making it the most commonly misdiagnosed of all dangerous conditions.

The symptoms of a stroke can be vague and mistaken for other conditions. With strokes, a fast and correct diagnosis that allows for timely treatment is essential to preventing lifelong injury or death.

Symptoms of a stroke may include:

• Confusion
• Difficulty walking
• Drooping on one side of the face
• Severe headache
• Sudden numbness or weakness on one side of the body
• Trouble speaking clearly

The early signs of a stroke, specifically dizziness and headache, are often overlooked in women, minorities, and patients under the age of 45, according to Johns Hopkins University.

Women were 33% more likely to be misdiagnosed, and minorities were 20% to 30% more likely to be misdiagnosed.

A Maryland stroke misdiagnosis attorney​ can seek compensation for medical bills, pain and suffering, and more.

Heart Attack Misdiagnosis Attorney in Maryland​

Heart disease remains a leading cause of death in Maryland. In 2024, the state recorded 11,450 heart disease deaths, according to the Centers for Disease Control and Prevention.

Heart attack symptoms may include:

• Cold sweat
• Fatigue
• Lightheadedness or sudden dizziness
• Nausea, indigestion, heartburn, or abdominal pain
• Pain and discomfort that originates in one area and spreads to a different area

A heart attack misdiagnosis lawyer in Maryland​ can work to show that a failure to order the appropriate diagnostic tests or take preventative measures, like providing medication that dissolves blood clots, may have prevented a tragic situation.

Maryland Brain Tumor Misdiagnosis Attorney​

Brain tumors can cause a wide range of symptoms that are often mistaken for less serious conditions. When a brain tumor is not diagnosed promptly, the tumor may continue to grow, leading to permanent neurological damage.

Common brain tumor symptoms may include:

• Balance or coordination issues
• Memory loss or confusion
• Nausea and vomiting
• Persistent or worsening headaches
• Personality or behavioral changes
• Seizures
• Vision problems

Because many of these symptoms can resemble migraines, stress, or other common conditions, brain tumors are sometimes misdiagnosed or overlooked. In some cases, physicians may fail to order appropriate imaging tests, refer patients to specialists, or recognize warning signs that warrant further investigation.

A Maryland brain tumor misdiagnosis lawyer can help determine whether a delayed or missed diagnosis resulted from medical negligence.

Maryland Appendicitis Misdiagnosis Attorney​

Appendicitis is a medical emergency that occurs when the appendix becomes inflamed. Without prompt treatment, the appendix can rupture, potentially leading to severe infection, sepsis, and other life-threatening complications.

Common symptoms of appendicitis may include:

• Abdominal pain, especially in the lower right side
• Abdominal swelling
• Constipation or diarrhea
• Fever
• Loss of appetite
• Nausea and vomiting

Because appendicitis symptoms can resemble stomach viruses, food poisoning, kidney stones, or other digestive conditions, the condition is sometimes misdiagnosed. Delays in diagnosis may allow the appendix to rupture, making treatment more complicated and increasing the risk of serious harm.

A Maryland appendicitis misdiagnosis lawyer can help investigate whether a doctor, emergency room, or other health care provider failed to recognize the signs of appendicitis, order appropriate testing, or provide timely treatment.

Maryland Eye Condition Misdiagnosis Attorney​

Many serious eye conditions require prompt diagnosis and treatment to prevent permanent vision loss. When doctors fail to recognize the warning signs of an eye disease or injury, patients may lose valuable time needed to preserve their eyesight.

Common symptoms of serious eye conditions may include:

• Blurred or distorted vision
• Double vision
• Eye pain or pressure
• Flashes of light or floaters
• Redness or swelling of the eye
• Sudden vision loss

Conditions such as glaucoma, retinal detachment, optic nerve disorders, eye infections, and ocular cancers can sometimes be mistaken for less serious issues like eye strain, allergies, migraines, or routine age-related vision changes.

A Maryland eye condition misdiagnosis lawyer can help determine whether a doctor, ophthalmologist, optometrist, emergency room physician, or other health care provider failed to identify an eye condition in a timely manner.

Maryland Meningitis Misdiagnosis Attorney

Meningitis is a serious infection that causes inflammation of the protective membranes surrounding the brain and spinal cord. Because the condition can progress rapidly, early diagnosis and treatment are critical.

Common symptoms of meningitis may include:

• Confusion or difficulty concentrating
• Fever
• Nausea and vomiting
• Seizures
• Sensitivity to light
• Severe headache
• Stiff neck

When delays lead to permanent neurological damage, hearing loss, seizures, or even death, a Maryland meningitis misdiagnosis lawyer​ can step in and fight for justice on behalf of those affected.

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How to File a Failure to Diagnose Lawsuit in Maryland

To pursue a Maryland failure to diagnose lawsuit, your attorney must follow the procedures outlined in the Maryland Health Care Malpractice Claims Act. This involves proving that a health care provider failed to diagnose your medical condition and caused harm.

The steps for filing a failure to diagnose lawsuit in Maryland include gathering evidence, submitting paperwork and supporting documentation, and negotiating a settlement with the negligent providers and their insurers.

When you work with Sokolove Law, our Maryland failure to diagnose lawyers can handle every step of the legal process, so you can focus on your health.

1. Contact Sokolove Law

We offer free case reviews to help determine whether a missed, delayed, or incorrect diagnosis may have resulted from medical negligence.

Our team includes medical professionals who can review your situation and help identify whether warning signs, symptoms, test results, or other evidence may have been overlooked.

2. Investigate and Build Your Case

Failure to diagnose cases often need extensive medical evidence and expert testimony. Maryland law often requires a qualified medical expert to certify that your claim has merit before it can move forward.

Our team can gather and review evidence such as:

• Medical records and diagnostic test results
• Expert medical opinions
• Imaging scans, pathology reports, and laboratory findings
• Statements from family or coworkers showing how the delayed diagnosis worsened your condition

Additionally, medical bills, lost wages, and other damages can be used to show the real impact of a health care professional’s negligence on your emotional and financial well-being.

3. File Your Maryland Failure to Diagnose Claim

Most Maryland medical malpractice claims must first be filed through the Health Care Alternative Dispute Resolution Office (HCADRO) before proceeding to court.

Our Maryland misdiagnosis lawyers understand the state's unique malpractice requirements and can ensure your claim is properly filed and supported by the necessary documentation.

4. Seek Settlement Payouts

Our medical misdiagnosis attorneys in Maryland will seek compensation from the health care providers, hospitals, or other parties responsible for the diagnostic error.

While the majority of claims are resolved through settlement negotiations, we are prepared to take your case to trial if necessary.

Our goal is to secure compensation for the additional medical treatment, lost income, pain and suffering, and other losses caused by the delayed or missed diagnosis.

"These cases are complex and require deep medical and legal knowledge to prove. A skilled lawyer knows how to uncover what really happened, even when hospitals or doctors are not forthcoming with answers. Medical records can be incomplete or written in ways that hide key details, so having someone who knows what to look for is critical."
– Ricky LeBlanc, Managing Attorney of Sokolove Law

Our Past Maryland Failure to Diagnose Settlements

Sokolove Law has recovered more than $1.5 Billion for clients impacted by medical malpractice, including for patients and families affected by misdiagnoses in Maryland.

Our Maryland failure to diagnose settlements and verdicts include:

• $1.51 Million to an Essex woman who was diagnosed with breast cancer 2 years after first complaining of a lump
• $1.5 Million to a Chesapeake City man who suffered a second heart attack after health care providers allegedly failed to stop a cardiac stress test despite signs of distress
• $1.1 Million to a Lothian woman whose brain tumor went undetected despite multiple hospital visits
• $1 Million for a Laurel woman whose leg had to be amputated after multiple doctors missed a major infection

While there's never a guarantee of compensation in any case, our diagnosis error lawyers in Maryland will fight hard to get you everything you’re entitled to.

Let Sokolove Law Fight for You

Since 1979, Sokolove Law has secured over $10.3 Billion for thousands of injured clients nationwide.

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Maryland Failure to Diagnose Statute of Limitations

There’s only a limited amount of time to seek compensation from a Maryland failure to diagnose lawsuit due to the statute of limitations.

In Maryland, you typically have 3 years from the date the injury was discovered or 5 years from the date the malpractice occurred to file a claim (Md. Code Ann., Cts. & Jud. Proc. § 5-109).

Don’t wait to reach out to an attorney. Once the deadline in your case passes, you may lose your chance to pursue the justice you deserve.

Examples of Maryland Failure to Diagnose Lawsuits & News

A missed or delayed diagnosis can change the course of a patient's life. When health care providers fail to recognize a serious condition and a patient suffers harm, they may be held accountable through a medical malpractice lawsuit.

Failure to diagnose lawsuit settlements and verdicts in Maryland include:

• $970,900 for a 76-year-old man after a surgeon allegedly failed to diagnose and repair a stomach perforation during hernia surgery
• $3 Million for a woman after a radiologist allegedly missed signs of salivary gland cancer on a CT scan
• $1 Million for a patient after her gynecologist failed to follow up on pathology findings showing a possible uterine tumor that later spread to her lungs
• $2.35 Million for a woman after a misdiagnosed kidney blockage allowed an infection to progress to septic shock, resulting in multiple amputations
• $1.44 Million for the family of a man who died from sepsis after a physician allegedly treated him for pneumonia

Below are examples of Maryland failure to diagnose lawsuits and news involving alleged diagnostic errors. These cases demonstrate the serious consequences that can result when conditions go undetected or untreated.

Nearly $1 Million Maryland Failure to Diagnose Verdict

In April 2026, a Talbot County jury awarded $970,900 to a 76-year-old man after finding that a surgeon allegedly failed to identify and address a stomach perforation that occurred during hernia repair surgery at the University of Maryland Shore Medical Center in Easton.

According to court records, the patient underwent robotic surgery in 2022 to repair a large hernia. Doctors at the University of Maryland Medical Center later discovered that his stomach had been pierced during the initial operation.

The first surgeon allegedly failed to diagnose and repair the perforation before completing the procedure. The jury's award, which included compensation for pain and suffering, past medical expenses, and future medical care, is believed to be one of the largest medical malpractice awards in the county.

$3 Million Maryland Missed Cancer Diagnosis Verdict

In 2024, a Maryland jury awarded more than $3 Million to a woman after finding that a radiologist failed to identify signs of salivary gland cancer on a CT scan, delaying diagnosis and treatment until the disease became terminal.

According to testimony, the patient sought medical care after discovering a lump on her face and underwent imaging at Peninsula Imaging in 2014. The radiologist allegedly interpreted the scan as normal.

By the time the cancer was correctly identified, it had allegedly spread throughout her body. The jury concluded that an accurate diagnosis in 2014 would more likely than not have saved her life.

During the trial, jurors also heard evidence that the radiologist reviewed more than 130 patients in a single day. The patient is now receiving medical care that totals over $300,000 a year for her condition.

Maryland's High ER Wait Times Linked to Diagnostic Errors

In October 2023, Maryland health officials reported that the state's hospitals continued to have some of the longest emergency room wait times in the country.

Maryland patients spent an average of 228 minutes or nearly 4 hours waiting in ERs before receiving care, according to the Centers for Medicare & Medicaid Services. Some hospitals reported wait times approaching 24 hours.

Long emergency room delays can increase the risk of missed or delayed diagnoses by reducing timely access to testing, specialist consultations, and treatment.

Researchers have linked prolonged emergency department wait times to worse patient outcomes, including higher rates of hospitalization and death.

Diagnostic Errors Cause 795,000 Serious Injuries and Deaths Each Year

In July 2023, researchers at Baltimore's Johns Hopkins Medicine reported that an estimated 795,000 Americans die or suffer permanent disabilities each year due to diagnostic errors.

Researchers determined that vascular events, infections, and cancers account for approximately 75% of the serious harm caused by diagnostic mistakes.

The conditions most frequently associated with severe injury included:

• Stroke
• Sepsis
• Pneumonia
• Pulmonary embolism
• Lung cancer

Stroke was identified as the leading cause of serious harm from misdiagnosis, with researchers finding that 17.5% of stroke cases were initially missed.

The study's authors concluded that reducing diagnostic errors involving these conditions could prevent an estimated 150,000 deaths and permanent disabilities each year.

$1 Million in Maryland Delayed Cancer Diagnosis Case

A Prince George's County jury awarded $1 Million to a woman after finding that her gynecologist failed to properly follow up on pathology findings that suggested possible cancer.

The patient alleged that her doctor failed to discuss the pathology findings or schedule additional monitoring. Nearly 3 years later, the tumors had spread to her lungs, and she was diagnosed with metastatic cancer.

The verdict was later reduced to $695,000 under Maryland's cap on non-economic damages in medical malpractice cases.

$2.35 Million Maryland Failure to Diagnose Kidney Blockage Verdict

A Montgomery County jury awarded $2.35 Million to a patient after finding that two physicians failed to properly diagnose a severe kidney blockage during an emergency room visit.

According to the lawsuit, the woman sought treatment for severe abdominal pain, but her condition was misdiagnosed as a gallbladder infection or ectopic pregnancy.

The delayed diagnosis allowed a serious infection to spread throughout her body, leading to septic shock. She ultimately underwent multiple amputations, including part of one leg, a foot, and the tips of most of her fingers.

$1.44 Million Maryland Failure to Diagnose Sepsis Verdict

A Maryland jury awarded $1.44 Million to the family of a 59-year-old patient at St. Joseph Medical Center who died from sepsis shortly after being admitted.

According to the lawsuit, Dr. Richard Tempel ordered diagnostic testing, including an X-ray and CT scan, that the family's attorneys argued showed signs that the man was suffering from sepsis.

However, the physician focused on treating pneumonia rather than recognizing and responding to the underlying infection. Although the patient was given antibiotics and admitted to the hospital, he died the same day.

Let Our Failure to Diagnose Lawyers in Maryland Fight for You

At Sokolove Law, we understand the devastating impact a missed, delayed, or incorrect diagnosis can have on patients and their families. When a health condition goes undetected, treatment time may be lost, allowing an illness to worsen.

For more than 45 years, our medical misdiagnosis lawyers in Maryland have helped hold negligent doctors, hospitals, and other health care providers accountable when diagnostic errors caused preventable harm.

Our team has the experience and resources needed to investigate complex medical records and pursue compensation for medical expenses, lost income, pain and suffering, and more. We've secured over $10.3 Billion total for families.

Call (800) 995-1212 right now for a free, no-obligation case review to see if we can fight for the justice and accountability your family deserves.

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